Amnesty International Verdict on Ogoni 9 Trial

A British criminal lawyer, Michael Birnbaum QC, who observed the trial, concluded that it was deeply unfair. “The judgement of the Tribunal is not merely wrong, illogical or perverse. It is downright dishonest. The Tribunal consistently advanced arguments which no experienced lawyer could possibly believe to be logical or just. I believe that the Tribunal first decided on its verdict and then sought for arguments to justify them. No barrel was too deep to be scraped.”

OGONI 9: UNFAIR TRIAL AND EXECUTION

On 6 February 1995, Ken Saro-Wiwa, Dr Barinem Kiobel and the other prisoners were allowed to see their lawyers for the first time since their arrest in May the previous year.136 They were put on trial by a specially constituted tribunal – The Civil Disturbances Tribunal. Ken Saro-Wiwa, Barinem Kiobel, John Kpuinen, and Saro-Wiwa’s deputy in MOSOP, Ledum Mitee, were accused of inciting the murders. The other men were accused of carrying them out. They all faced the death penalty and were denied the chance to appeal.

In September 1995, Amnesty International reported that “the prosecutions appear to be politically motivated and the proceedings and decisions of the special tribunal set up specifically to try the cases do not satisfy international standards for fair trial.”137 Amnesty International highlighted the following concerns: during their detention, defendants said they were tortured and denied food.138 They were held incommunicado for at least eight months, denied access to lawyers and their own doctors.139 Even after the start of the trial, the commander of the ISTF, Paul Okuntimo, allowed consultations between defendants and their lawyers only by prior arrangement with him and usually only in his presence.140 Relatives said they were assaulted by soldiers when trying to visit the defendants, who were held at the Bori camp, which was under the control of Lieutenant- Colonel Okuntimo.141 The tribunal was not independent of government control.142 The tribunal divided the defendants into two groups and tried them separately, yet simultaneously, on the basis of almost identical indictments and prosecution statements. This was prejudicial to the defendants.143

On the merits of the case, Amnesty International raised serious concerns about the eyewitness accounts used as evidence by the prosecution.144

In addition, evidence that supported the defence was not admitted.145 For example, the judges ignored statements by two key prosecution witnesses that they had been offered bribes to sign false statements incriminating Ken Saro-Wiwa.146 The bribes allegedly included the offers of job contracts with Shell.

One prosecution witness, Charles Danwi, said that representatives of Shell, as well as security agents and government officials, were all present at the meeting where the bribes were offered. Charles Danwi said that in exchange for the bribes, “he was told to identify anyone that the military arrested.”147 A second prosecution witness, Naayone Nkpah, also said that a representative of Shell, its lawyer O.C.J. Okocha, as well as the commander of the ISTF, Lieutenant-Colonel Okuntimo, were present at the meeting where he was offered bribes.148 Shell has always strongly denied it or its representatives was involved in bribing the witnesses.149

A British criminal lawyer, Michael Birnbaum QC, who observed the trial, concluded that it was deeply unfair.

“The judgement of the Tribunal is not merely wrong, illogical or perverse. It is downright dishonest. The Tribunal consistently advanced arguments which no experienced lawyer could possibly believe to be logical or just. I believe that the Tribunal first decided on its verdict and then sought for arguments to justify them. No barrel was too deep to be scraped.”150

In spite of worldwide protests and condemnation by world leaders, Ken Saro-Wiwa and eight others were convicted and, on 10 November 1995, executed by hanging.151

149. For example: “The Shell Petroleum Development Company denies all allegations of bribery made during the proceedings of the Ogoni Civil Disturbances
Tribunal…We have not paid cash, awarded contracts or used any other means to try to influence events surrounding the cases before the Tribunal.”
Shell Nigeria, Statement by Brian Anderson, 8 November 1995.

"Equal opportunity means that all people will be treated equally or similarly and not disadvantaged by prejudices or bias. This means that the best person for a job or a promotion is the person who earns that position based on qualifications, experience and knowledge. Workplace diversity values everyone's differences."

Apparently, with Shell HR this applies even if convicted of aggravated child sex offences on multiple counts with an appearance on the Sex Offenders Register.

It does make the workplace uncomfortable for everyone who has contact with him. On the other hand, he has to work somewhere or otherwise conviction would amount to a life sentence for repellent acts carried out 14 years ago.

Is it a praiseworthy policy or an act of folly to hire and promote such individuals? Or an act of negligence if HR pleads ignorance of his past criminal history? The latter seems unlikely bearing in mind that his past is common knowledge among colleagues and apparently, even suppliers.

John Donovan: RECEIVED FROM A SHELL INSIDER SOURCE

"INTEGRITY OF LEADERSHIP" ...as a Shell staff member, I am always concerned about the integrity of the leadership team at any level. ...there is a recently promoted individual in a key leadership role. Staff are not happy working for this person as he is a registered sex offender since 2004 for aggravated sexual assault against a child. xxxxxxx website has his full profile including yearly pictures. All verifiable in the public domain. ...but for some reason management are turning a blind eye. It says a lot for the company! His conviction lists his full name as.............. You can confirm the Shell link via xxx. He works for Shell xxxxxx. Staff are appalled that he has now promoted in a key leadership role working with suppliers like xxxxxxx to improve the quality of services provided to Shell. Some suppliers are now also beginning to learn his history and quietly voicing surprise." (Some of the above information has been redacted by John Donovan. The name of the relevant individual in a Shell leadership role has been verified from court records and social media)

Bonus Group: Exshellman speaks of 'The BG merger for many was a final nail in the coffin, some of the hand picked people for the new club don't know their arse from their elbows.' This could not be more appropriate than for the Brasil Asset which is probably currently plotting its next fraud against Petrobras. These miscreants should be flushed out of the system, but are probably biding their time and counting their share options waiting for them to vest, and also waiting for their next bonus to be announced before considering jumping ship. They make little to no valid contribution to the Asset. Let's hope that their commutes are long and arduous, though most of them have probably weaselled a 'working from home' option, from where they do little work and can make endless cappuccinos at the shareholders expense!

Bonus Group: That well known Schlumberger ex-Chief with 'operations experience', Andrew Gould (Mr Corridor having seen fit to distance himself from the BG Group debacle) is now in the news as Chairman of a Houston based outfit called Sentinel, a blank-check company . The latter having struck lucky with a pipeline company called Strike in a $854MM deal. “If I take all my experience in the oilfield, I don’t think I see any other service segment which has been so outsourced as this one,” said Gould. Strike’s main focus will remain pipeline maintenance.
The deal comes less than a year after Sentinel raised $345 million in an initial public offering. The company, which up until now had no assets, was set up as a so-called special-purpose acquisition company, or SPAC.
Gould is returning to public life after helping orchestrate the sale of the failed BG Group to Shell for $54 billion in 2016. Let's hope that there is a knighthood in it for him!

Bogus Group: The release of the Shell Brent PSMR is shocking testimony of the culture these pathetic incompetents administered without challenge. When Shell was generating huge revenue for the treasury, the regulator, even government ministers had their heads in the sand and a lack of accountability meant they could move on to spread their malignance. Finlayson took his “talents” to BG, another company ruined by pathetic incompetents with the same DNA.

Brinded joined Network Rail who appointed Mark Carne, another Shell/BG stray, described in one tabloid as the “bungling rail chief”. It’s ironic he now talks about (Rail Engineer 27.09.18) joining from Shell “part of an industry with a strong safety culture” and being motivated by big businesses, which are “safety-critical”, with more waffle about safety leadership and safety performance.

Will someone ever be able to “drain the British swamp” of these conceited executives who disingenuously hide behind the “safety and good old business principle banners”, to further their greed and lust for power at whatever cost.

RETIRED OIM: Bill, now the full horror of your findings during the Expro audit have been made available via Johns’ web site I wonder what kind of reaction, if any, will be generated. In retrospect and with hindsight, publishing earlier might have sealed Brinded’s demise sooner and he would never have risen to an apparent level of “the untouchable”.

The Italians hopefully will ensure he will be disgraced never to be any where near a responsible position again.

Sad to think the MF will be drawing several million £ pounds a year in pension rights as well as the vast number of Shell shares he was allocated as a direct result of his dictatorial years of apparent criminal behaviour. Just one of people who turned Shell from a well respected Company who treated Staff as a precious asset to be nurtured rather than be coerced and then dumped at the first opportunity.

exshellman: After the Shell BG merger completed in 2016 , a lot of really good people lost their jobs , it was handled terribly by the HR dept and the so called 'General Managers' culled some of the best experts they had ...in less than a year of the redundancies Shell were struggling and now with the lack of expertise...they have had to take in contractors to fill staff positions ..within a year of the redundancies ... they could be liable if people took this issue up.. Also Shell were looking at hiring back some old boy network ...who are now pensioners to come back in as managers to help out with the problems ..LOL . they have so much dead wood staff on their books and the company is ran like a club. I'm glad to be away from the farce that Shell became , the malaise started around about 2004 when they began to lose the plot. The BG merger for many was a final nail in the coffin, some of the hand picked people for the new club don't know their arse from their elbows. The only way Shell actually make profits is when the oil price goes high... when Brent is low they can't compete within their quartile or peer groups. I'll keep abreast here on the blog

Contributor to this blog: I’ve just come across an article "Tips & Insights: A World-class Combination" about the proposed combination of Royal Dutch Shell, one of the largest companies in the world and 'best known for its gasoline stations' and BG Group, a natural gas specialist.

The article centres on Sarah Franklin, (BG chief counsel, with a list of responsibilities, including health and safety after her name), who would be BG’s legal lead for integration planning.

In the article she explains that emotional intelligence was pivotal to success. I find this strange, as emotional intelligence wasn’t an attribute in BG Group. Could this be integration jargon?

Franklin has apparently added other governance matters, including human rights and whistleblowing investigations to her legal skill set. She set up BG’s first whistleblowing program.

She has inherited a new team that focuses on complex safety and environmental issues. As noted in the article, in Shell Legal, many lawyers advise on safety and environmental matters but it didn’t have a global core of experts.

If you are a Shell employee, be extremely cautious about the content of the two preceding paragraphs. If you have concerns, especially those with a safety connotation and you wish to engage with her……….beware.

I’m sure other revelations will eventually surface.

Bogus Group: I listened to the then BG Group chief executive drool over the Petrobras ‘partnership’ at his award speech for GB Personality of the Year by the Brazilian Chamber of Commerce in 2013 (https://youtu.be/pfknsxjT2Rw). He described many extraordinary moments during this partnership, a relationship that had flourished with ‘mutual trust and respect and super giant discoveries’, which was going from strength to strength. He was looking to a very long future with many more Eureka moments for BG and its partners in the years and decades to come.
So why would they want to put such ‘jewel’ in the Shell crown and who was responsible for this? At that time did anyone envisage the fall from grace in the coming months and years? Since then there has been turmoil in both companies, what could possibly have gone wrong.
Insiders will know the answer.

Bonus Group: Andrew Gould, Chairman of the disgraced BG Group, who allegedly was seeking a knighthood by joining the company has gone to ground. Given his contractor mind set coupled with his training as an accountant does not bode well for the industry. His LinkedIn profile shows that he is still Chairman of BG Group, as well as being a Board Member (Non Executive!) of Saudi Aramco. Given that Saudi Aramco are going to drop their IPO, this could well leave 'Mr Corridor' twiddling his thumbs and wondering how he can manoeuvre back into a position where he can achieve his ambition of being knighted.

John Donovan’s ebooks

EBOOK TITLE: “SIR HENRI DETERDING AND THE NAZI HISTORY OF ROYAL DUTCH SHELL” – AVAILABLE ON AMAZONEBOOK TITLE: “JOHN DONOVAN, SHELL’S NIGHTMARE: MY EPIC FEUD WITH THE UNSCRUPULOUS OIL GIANT ROYAL DUTCH SHELL” – AVAILABLE ON AMAZON.EBOOK TITLE: “TOXIC FACTS ABOUT SHELL REMOVED FROM WIKIPEDIA: HOW SHELL BECAME THE MOST HATED BRAND IN THE WORLD” – AVAILABLE ON AMAZON.